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2023 - COURT AND LEGAL BILLS
HB 2016 Appointment of counsel; Class 1 felonies or any other felony that carries a mandatory life. PASSED
Introduced by: Les R. Adams [R]
Appointment of counsel; Class 1 felonies or any other felony that carries a mandatory life sentence. Provides that in any case in which an indigent defendant is charged with a Class 1 felony or any other felony that carries a mandatory life sentence, the court shall appoint two competent, qualified, and experienced attorneys, one of whom shall be the public defender in a jurisdiction in which a public defender office is established, for the defendant. This bill is a recommendation of the Virginia Criminal Justice Conference.
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01/18/23 House: Subcommittee recommends reporting with substitute (8-Y 0-N)
02/17/23 Senate: Passed Senate (39-Y 0-N)
02/22/23 House: Bill text as passed House and Senate (HB2016ER)
02/22/23 House: Signed by Speaker
02/24/23 Senate: Signed by President
03/02/23 House: Enrolled Bill communicated to Governor on March 2, 2023
03/22/23 Governor: Approved by Governor-Chapter 228 (effective 7/1/23)
HB 2168 Judicial Inquiry and Review Commission; breach of Canons of Judicial Conduct. PASSED
Introduced by: Wren M. Williams [R]
Judicial Inquiry and Review Commission; annual report; breach of Canons of Judicial Conduct; disciplinary action. Requires the Judicial Inquiry and Review Commission to include in its annual report (i) the name of any judge who the Commission concluded breached the Canons of Judicial Conduct and took disciplinary action against as a result of such conclusion, when the date on which the Commission reached such conclusion was after the previous annual report was published; (ii) the specific Canons of Judicial Conduct breached by such judge; and (iii) the disciplinary action taken against such judge by the Commission. The bill also requires the Commission, on or before December 1, 2023, to publish in its annual report (a) the name of any judge who the Commission concluded breached the Canons of Judicial Conduct on or after January 1, 2016, and took disciplinary action against as a result of such conclusion; (b) the specific Canons of Judicial Conduct breached by such judge; and (c) the disciplinary action taken against such judge by the Commission.
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01/18/23 House: Subcommittee recommends reporting with substitute (8-Y 0-N)
01/23/23 House: Reported from Courts of Justice with substitute (19-Y 0-N)
01/26/23 House: Committee substitute agreed to 23105185D-H1
02/15/23 Senate: Reported from Judiciary with amendment (10-Y 5-N)
02/20/23 Senate: Passed Senate with amendment (22-Y 18-N)
02/21/23 House: Senate amendment agreed to by House (81-Y 17-N)
03/27/23 Governor: Approved by Governor-Chapter 700 (effective 7/1/23)
HB 2165 Criminal appeals; duties of the Attorney General and attorney for the Commonwealth. PASSED
Introduced by: Wren M. Williams [R]
Provides that in all criminal cases before the Court of Appeals or the Supreme Court of Virginia in which the Commonwealth is a party or is directly interested, the Attorney General shall appear and represent the Commonwealth upon receipt of the record in the appellate court. The attorney for the Commonwealth shall continue to represent the Commonwealth in any criminal case on appeal before the Court of Appeals or the Supreme Court for which he was the prosecuting attorney so long as the record remains lodged in the trial court. Under current law, the Attorney General assumes representation of the Commonwealth upon the filing of the notice of appeal. The bill provides that the attorney for the Commonwealth shall represent the Commonwealth before the appellate courts on criminal pretrial petitions for appeal. The bill eliminates the requirement that four copies of each brief shall be filed and three copies shall be mailed or delivered to opposing counsel on or before the date of filing in criminal pretrial appeals. The bill also provides that a motion to vacate a criminal conviction filed more than 21 days after a final order has been entered in the case is a civil motion and does not have an appeal of right. Finally, the bill provides that the Court of Appeals may dispense with oral argument if the panel has examined the briefs and record and unanimously agrees that oral argument is unnecessary because the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument.
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01/27/23 House: Reported from Courts of Justice with substitute (12-Y 8-N)
02/02/23 House: VOTE: Passage (54-Y 45-N)
02/16/23 Senate: Passed Senate (40-Y 0-N)
02/21/23 House: Bill text as passed House and Senate (HB2165ER)
02/21/23 House: Signed by Speaker
02/23/23 Senate: Signed by President
03/02/23 House: Enrolled Bill communicated to Governor on March 2, 2023
03/23/23 Governor: Approved by Governor-Chapter 314 (effective 7/1/23)
SB 958 Writs of actual innocence. PASSED
Introduced by: Richard H. Stuart [R]
Provides a statute of limitations for the filing of a petition for a writ of actual innocence of two years from the date of finalized conviction or the date the petitioner discovers unknown or unavailable evidence or scientific testing method, whichever is later. The bill requires the Attorney General to provide written notice of intent to join a petition for a writ of actual innocence to the local attorney for the Commonwealth in the jurisdiction of conviction or adjudication of delinquency. The bill establishes the evidentiary standard for writs of actual innocence as preponderance of the evidence for persons who pled not guilty and as clear and convincing evidence for persons who pled guilty or nolo contendere. The bill bars human biological evidence or the recantation of testimony by a witness against the petitioner as the sole basis for seeking relief. The bill directs the Court of Appeals to dismiss any second or subsequent petition for failure to identify new or different evidence in support of actual innocence or for failure to assert the new or different evidence in a prior petition under circumstances that constitute an abuse of the writ. The bill directs the Attorney General to notify the victim or victim's representative of a hearing scheduled or any oral argument; the victim or victim's representative has the right to attend such hearing or oral argument.
Go to bill.
01/06/23 Senate: Referred to Committee on the Judiciary
01/18/23 Senate: Committee substitute agreed to 23104615D-S1
02/09/23 House: Referred to Committee for Courts of Justice
02/23/23 House: Passed House (52-Y 43-N)
03/07/23 Senate: Bill text as passed Senate and House (SB958ER)
03/08/23 Senate: Signed by President
03/08/23 House: Signed by Speaker
03/27/23 Governor: Approved by Governor-Chapter 719 (effective 7/1/23)
SB 1031 Judicial Inquiry and Review Commission; exception to confidentiality; complainant notification. PASSED
Introduced by: Thomas K. Norment, Jr. [R]
Judicial Inquiry and Review Commission; exception to confidentiality; complainant notification of final decision or action. Requires the Judicial Inquiry and Review Commission to provide notice to a complainant of any final decision made or action taken, and the specific reasons for such decision or action, in regards to his filed complaint within 30 days of such decision or action.
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02/01/23 Senate: Reported from Judiciary with amendment (14-Y 0-N)
02/06/23 Senate: Passed Senate (39-Y 0-N)
02/23/23 House: VOTE: Block Vote Passage (96-Y 0-N)
03/07/23 Senate: Bill text as passed Senate and House (SB1031ER)
03/08/23 Senate: Signed by President
03/08/23 House: Signed by Speaker
03/23/23 Governor: Approved by Governor-Chapter 329 (effective 7/1/23)
SB 1132 Criminal history record information; dissemination. PASSED
Introduced by: Mark J. Peake [R]
Allows criminal history record information to be disseminated to the Commissioner of Behavioral Health and Developmental Services for (i) individuals who are being evaluated by the Commissioner to determine the individual's sanity at the time of a criminal offense or capacity to stand trial for the purpose of placement, evaluation, treatment, or discharge planning or (ii) any individual otherwise committed to the custody of the Commissioner when, in the Commissioner's discretion, such information may be beneficial for the purpose of placement, evaluation, treatment, or discharge planning.
Go to bill.
02/02/23 Senate: Reported from Education and Health with substitute (15-Y 0-N)
02/02/23 Senate: Committee substitute printed 23105371D-S1
02/06/23 Senate: Passed Senate (39-Y 0-N)
02/21/23 Senate: Bill text as passed Senate and House (SB1132ER)
02/21/23 House: Signed by Speaker
02/24/23 Senate: Signed by President
03/17/23 Governor: Approved by Governor-Chapter 43 (effective 7/1/23)
FAILED
HB 1365 Admission to bail; rebuttable presumptions against bail. FAILED.
Introduced by: Wren M. Williams [R]
Admission to bail; rebuttable presumptions against bail. Creates a rebuttable presumption against bail for certain criminal offenses enumerated in the bill and for persons identified as being illegally present in the United States by U.S. Immigration and Customs Enforcement who are charged with certain offenses. The bill also requires the court to consider specified factors when determining whether the presumption against bail has been rebutted and whether there are appropriate conditions of release.
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07/18/22 House: Referred to Committee for Courts of Justice
01/12/23 House: Assigned Courts sub: Subcommittee #1
01/13/23 House: Subcommittee recommends reporting (5-Y 3-N)
01/23/23 House: Reported from Courts of Justice (10-Y 9-N)
01/27/23 House: Read third time and passed House (52-Y 46-N)
01/27/23 House: VOTE: Passage (52-Y 46-N)
01/30/23 Senate: Referred to Committee on the Judiciary
02/13/23 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
HB 1506 Post-conviction relief; previously admitted scientific evidence. FAILED
Introduced by: Kelly K. Convirs-Fowler [D]
Provides that a person who was convicted of certain offenses, upon a plea of not guilty or an Alford plea, or who was adjudicated delinquent, upon a plea of not guilty or an Alford plea, by a circuit court of an offense that would be a covered offense if committed by an adult may petition the Court of Appeals to have his conviction vacated on the basis of new or discredited forensic scientific evidence, defined in the bill. The petition shall allege (i) that the petitioner did not commit the covered offense for which the petitioner was convicted or adjudicated delinquent, nor engage in conduct that would support a conviction for a lesser offense or any other crime arising from, or reasonably connected to, the facts supporting the indictment or information upon which he was convicted or adjudicated delinquent; (ii) an exact description of the forensic scientific evidence and its relevance in demonstrating that the petitioner did not commit the covered offense; (iii) specific facts indicating that relevant forensic scientific evidence was not available at the time of the petitioner's conviction or adjudication of delinquency through the exercise of reasonable due diligence by the petitioner or that discredited forensic scientific evidence was presented at the petitioner's conviction or adjudication of delinquency; and (iv) that had the forensic scientific evidence been presented at conviction or adjudication of delinquency, the petitioner would not have been convicted or adjudicated delinquent. The bill provides that if the court finds by clear and convincing evidence that the petitioner has proven all of the required allegations contained in the petition, the court may grant the petition and vacate the petitioner's conviction, subject to retrial in the discretion of the Commonwealth. The bill has a delayed effective date of July 1, 2024, and an expiration date of July 1, 2028.
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01/04/23 House: Prefiled and ordered printed; offered 01/11/23 23102059D
01/17/23 House: Assigned Courts sub: Subcommittee #1
01/18/23 House: Subcommittee recommends laying on the table (5-Y 3-N)
HB 1584 Biological evidence; storage, preservation, and retention of evidence in felony cases. FAILED
Introduced by: Richard C. "Rip" Sullivan, Jr. [D]
Storage, preservation, and retention of biological evidence in felony cases. Requires any governmental entity that possesses any biological evidence, defined in the bill, collected or obtained during an investigation of a felony case to ensure the storage, preservation, and retention of such biological evidence or representative samples for such period of time that (i) the defendant remains incarcerated or under any registration or supervision requirement in connection with the felony conviction or (ii) until the expiration of the statute of limitations for the alleged offense has lapsed in such case where a felony remains unsolved or no charges have been filed. The bill requires biological evidence to be preserved in a condition that is suitable for deoxyribonucleic acid (DNA) testing and analysis, and such evidence shall be made available for DNA testing.
The bill requires the court, upon motion by the defendant, to order the Department of Forensic Science to submit an inventory of the biological evidence that has been preserved in the connection with the defendant's case, a copy of which shall be provided to the defendant. The bill requires the chief evidence custodian of a governmental entity to submit an affidavit if such government entity cannot locate biological evidence that it is required to preserve, under penalty of perjury, that describes the biological evidence that cannot be located and details the efforts made to locate such evidence.
The bill provides remedies the court may order if it finds that biological evidence has not been properly preserved, including (i) granting a new trial; (ii) dismissing the charges; (iii) reducing the sentence; (iv) vacating the defendant's conviction; or (v) entering a finding that a presumption exists that the evidence would have been exculpatory to the defendant because the biological evidence has not been preserved properly.
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01/17/23 House: Assigned Courts sub: Subcommittee #1
01/20/23 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
HB 1705 Attorney General; instituting or conducting criminal prosecutions. FAILED.
Introduced by: Robert B. Bell [R]
Attorney General; instituting or conducting criminal prosecutions for violations of criminal sexual assault and commercial sex trafficking committed against children. Authorizes the Attorney General to institute or conduct criminal prosecutions in cases involving a violation of criminal sexual assault or commercial sex trafficking when such crimes are committed against children.
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01/09/23 House: Referred to Committee for Courts of Justice
01/23/23 House: Subcommittee recommends reporting (5-Y 3-N)
01/27/23 House: Reported from Courts of Justice (11-Y 9-N)
02/02/23 House: Read third time and passed House (54-Y 46-N)
02/02/23 House: VOTE: Passage (54-Y 46-N)
02/03/23 Senate: Referred to Committee on the Judiciary
02/13/23 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
HB 1718 Community corrections alternative program. FAILED.
Introduced by: Nadarius E. Clark [D]
Requires defendants to enter into and complete the community corrections alternative program ("CCAP") after (i) a recommendation from the Department of Corrections ("Department"), (ii) a determination by the court that the defendant will benefit from the community corrections alternative program and is capable of returning to society as a productive citizen following successful completion of the program, and (iii) the defendant would otherwise be committed to the Department. The bill provides that if the defendant is removed from the program for intractable behavior or failure to comply with the terms and conditions of probation, the court shall show cause the defendant to show cause why his probation and suspension of sentence should not be revoked.
The bill also directs the Parole Board to require violators to enter into and complete CCAP upon the same above conditions; the Parole Board may revoke parole or mandatory release and recommit the violator upon removal from the program by the Department for intractable behavior or failure to comply with the terms and conditions of parole or mandatory release.
Current law allows defendants/parole violators to be placed on probation conditioned upon entry and successful competition of CCAP and directs the court to require a defendant to show cause why his probation and suspension of sentence should not be revoked on the grounds of his voluntary withdrawal from the program.
Go to bill.
01/17/23 House: Assigned Courts sub: Subcommittee #1
01/18/23 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
HB 2013 Probation, revocation, and suspension of sentence; penalty. FAILED.
Introduced by: Les R. Adams [R]
Makes changes to the definition of a technical violation as it pertains to the revocation of suspension of sentence and probation. The bill also provides that upon a first technical violation, if the court originally suspended the imposition of sentence, the court shall revoke such suspension and again suspend all of this sentence and upon a second or subsequent violation, the court may pronounce whatever sentence might have been originally imposed. The bill also specifies that a violation of a term or condition included in the definition of technical violation shall not be considered a special or specific term or condition for sentencing purposes.
The bill also provides that the court may fix the period of probation and the period of suspension for up to the statutory maximum period for which the defendant might originally have been sentenced to be imposed for any felony offense and up to two years for an offense punishable as a Class 1 or Class 2 misdemeanor. Currently, the limitation on periods of probation and periods of suspension is up to the statutory maximum period of imprisonment for any offense.
The bill also adds the offense of crimes against nature committed on or after July 1, 2023, to the list of offenses for which if some period of the sentence for such offense is suspended, the judge is required to order that period of suspension be for the length of time equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned.
Go to bill.
01/10/23 House: Referred to Committee for Courts of Justice
01/21/23 House: Assigned Courts sub: Subcommittee #1
01/25/23 House: Subcommittee recommends reporting (5-Y 3-N)
02/03/23 House: Reported from Courts of Justice (11-Y 9-N)
02/07/23 House: VOTE: Passage (52-Y 47-N)
02/08/23 Senate: Referred to Committee on the Judiciary
02/15/23 Senate: Reported from Judiciary with substitute (14-Y 0-N 1-A)
02/15/23 Senate: Rereferred to Finance and Appropriations
02/16/23 Senate: Reported from Finance and Appropriations (9-Y 7-N)
02/22/23 Senate: Motion to recommit to committee agreed to (22-Y 18-N)
02/22/23 Senate: Recommitted to Judiciary
03/02/23 Senate: Left in Judiciary
HB 2051 Custodial interrogations; false statements to a child prohibited, inauthentic replica documents.
Introduced by: Jackie H. Glass [D] FAILED.
Custodial interrogations; false statements to a child prohibited; inauthentic replica documents prohibited. Prohibits law-enforcement officers from making false statements or materially misrepresenting any fact prior to or during a custodial interrogation of a child to secure the cooperation, confession, or conviction of such child. The bill also prohibits law-enforcement officers from using inauthentic replica documents during a custodial interrogation to secure a person's cooperation or confession or to secure a conviction. "Inauthentic replica document" is defined by the bill as any document generated by law-enforcement officers or their agents that (i) contains a false statement, signature, seal, letterhead, or contact information or (ii) materially misrepresents any fact.
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01/10/23 House: Referred to Committee for Courts of Justice
02/07/23 House: Left in Courts of Justice
SB 863 Va. Prisoner Litigation Reform Act; expands the Act to apply to civil actions brought by prisoners. FAILED
Introduced by: William M. Stanley, Jr. [R]
Expands the Virginia Prisoner Litigation Reform Act to apply to civil actions brought by prisoners who are represented by counsel. Under current law, the provisions of the Act apply only to pro se prisoners. The bill clarifies that the Act shall apply to all civil actions for money damages brought under the laws of the Commonwealth and civil actions for injunctive, declaratory, or mandamus relief brought under the laws of the Commonwealth or federal law. The bill also provides that the Act shall apply to civil actions brought by prisoners who are currently or were formerly incarcerated in any state or local correctional facility or a facility operated under the Corrections Private Management Act and that all such civil actions shall be brought in the circuit court of the city or county in which the prison is located where the prisoner was housed when his cause of action arose. The bill also clarifies when a genuine issue of material fact exists for the purposes of a summary judgment.
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12/31/22 Senate: Prefiled and ordered printed; offered 01/11/23 23101463D
12/31/22 Senate: Referred to Committee on the Judiciary
02/06/23 Senate: Passed by indefinitely in Judiciary (9-Y 4-N)
SB 902 Attorney General; instituting or conducting criminal prosecutions for violations. FAILED.
Introduced by: Ryan T. McDougle [R]
Attorney General; instituting or conducting criminal prosecutions for violations of criminal sexual assault and commercial sex trafficking committed against children. Authorizes the Attorney General to institute or conduct criminal prosecutions in cases involving a violation of criminal sexual assault or commercial sex trafficking when such crimes are committed against children.
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01/05/23 Senate: Prefiled and ordered printed; offered 01/11/23 23103513D
01/18/23 Senate: Passed by indefinitely in Judiciary (8-Y 7-N)
SB 931 Disposition of unrestorably incompetent defendant; acts of violence. FAILED.
Introduced by: Ghazala F. Hashmi [D]
Disposition of unrestorably incompetent defendant; acts of violence. Provides that the same disposition procedures currently in place for an unrestorably incompetent defendant charged with aggravated murder shall also apply to an unrestorably incompetent defendant charged with an act of violence, which include procedures providing that such charge shall not be dismissed and that the court may order that the defendant receive continued treatment to restore competency, provided that (i) hearings be held at yearly intervals for five years and at biennial intervals thereafter, or at any time that the director of the treating facility or his designee submits a competency report to the court that the defendant's competency has been restored; (ii) the defendant remains incompetent; (iii) the court finds continued treatment to be medically appropriate; and (iv) the defendant presents a danger to himself or others. Under current law, if a defendant charged with an act of violence is found to be unrestorably incompetent, the court shall order that he be (a) released, (b) involuntarily committed, (c) certified as eligible for admission to a training center, or if applicable (d) screened for civil commitment of sexually violent predators.
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01/06/23 Senate: Referred to Committee on the Judiciary
01/20/23 Senate: Assigned Judiciary sub: Civil Law
01/30/23 Senate: Passed by indefinitely in Judiciary with letter (15-Y 0-N)
SB 940 Court-appointed counsel; increases statutory caps for fees paid in indigent cases. FAILED.
Introduced by: John S. Edwards [D]
Compensation of court-appointed counsel. Increases the statutory caps for fees paid to court-appointed counsel in indigent cases.
Go to bill.
01/06/23 Senate: Referred to Committee on the Judiciary
01/23/23 Senate: Reported from Judiciary (15-Y 0-N)
01/23/23 Senate: Rereferred to Finance and Appropriations
02/02/23 Senate: Reported from Finance and Appropriations with amendment (15-Y 0-N)
02/06/23 Senate: Passed Senate (39-Y 0-N)
02/07/23 House: Referred to Committee for Courts of Justice
02/13/23 House: Subcommittee recommends reporting (7-Y 1-N)
02/13/23 House: Subcommittee recommends referring to Committee on Appropriations
02/17/23 House: Reported from Courts of Justice (18-Y 1-N)
02/17/23 House: Referred to Committee on Appropriations
02/20/23 House: Tabled in Appropriations (11-Y 10-N)
SB 1174 Expedited diversion to court-ordered treatment in lieu of criminal adjudication. FAILED
Introduced by: T. Montgomery "Monty" Mason [D]
Expedited diversion to court-ordered treatment in lieu of criminal adjudication. Establishes a process where a defendant who is charged with certain misdemeanor violations and appears to have a mental illness, and such charged conduct appears to be associated with that mental illness, may be considered for transfer from criminal court to civil process for court-ordered mental health treatment without any adjudication on such misdemeanor charges.
Go to bill.
01/10/23 Senate: Referred to Committee on the Judiciary
02/01/23 Senate: Passed by indefinitely in Judiciary with letter (15-Y 0-N)